What the #MeToo Campaign Teaches About Stop and Frisk

IDAHO LAW REVIEW VOL. 54, NO. 2

  

  

WHAT THE #METOO CAMPAIGN TEACHES ABOUT STOP AND FRISK

Author: Josephine Ross
Citation: Josephine Ross, What the #MeToo Campaign Teaches About Stop and Frisk, 54 Idaho L. Rev. 543 (2018). Available at: https://digitalcommons.law.uidaho.edu/idaho-law-review/vol54/iss2/9

  

  

TABLE OF CONTENTS

  

I. INTRODUCTION

  • The #MeToo movement shines a light on power dynamics, consent, and sexual abuse.

  • It emphasizes that what may seem consensual can often be coercive due to imbalance of power.

  • Draws parallels between the experiences framed by the #MeToo movement and the realities of stop-and-frisk policing.

  • Importance of focusing on victims rather than perpetrators.

  • Highlights inherent flaws in the decision of Terry v. Ohio (1968) that legitimized stop and frisk practices, utilizing insights from #MeToo to critique it.

II. ERIC GARNER

  • Eric Garner's death serves as a case study against the legitimacy of stop and frisk.

  • Garner was killed by police while being held in a chokehold, illustrating excessive force and abuse of authority.

  • Indicates systemic issues linked to stop and frisk practices and broader policing tactics.

  • No probable cause for the arrest of Garner was established during his interaction with police.

  • Legal expert Jonathan C. Moore declared it a “bad Terry stop.”

  • Garners death reflects both the harsh reality of policing and the critique of Terry v. Ohio, emphasizing the risks faced by those who refuse consent during police encounters.

III. THE FRISK
A. Frisks as Sexual Touchings

  • Police frisks are often experienced as invasive sexual touchings, drawing connections to sexual abuse.

  • Describes how police officers perform frisks methodically, often leading to contact with sensitive body areas, which can feel humiliating for civilians.

  • Utilizes accounts from former police officer Seth Stoughton to illustrate this discomfort.

  • Highlights the perspective of civilians who often feel their dignity is violated during these encounters.

  • References Paul Butler's work on the sexual dynamics involved in frisks.

B. Sexual Misconduct by Police is Hardly Rare

  • Sexual misconduct complaints make up a significant percentage of allegations against police.

  • Reports indicate that hundreds of officers lose their licenses due to sexual misconduct each year.

  • Discusses the context of LGBTQ+ and transgender individuals being particularly vulnerable to misconduct during stop-and-frisk interactions.

  • Elaborates on the statistics and findings related to the rates of sexual misconduct among police officers, highlighting the underreporting of sexual abuse.

  • Asserts that the environment enables opportunities for sexual misconduct, citing police practices and structural issues.

IV. WHAT’S WRONG WITH TERRY’S ASSUMPTION THAT SHORT DETENTIONS PREVENT CRIME
A. The Control Theory of How Frisks Fight Crime

  • Describes the control theory of policing where frequent stops control and intimidate specific demographics, particularly minorities.

  • Critiques the practice by discussing the low yield rate from stops and frisks, arguing it instills fear rather than safety.

  • Mentions the historical context of stop and frisk in New York City under Mayor Michael Bloomberg.

B. The Waive Your Rights Theory: How Officers Get from Reasonable Suspicion to Probable Cause

  • Critiques the ambiguous progression from reasonable suspicion to probable cause in Terry stops, stressing that this often depends on civilians waiving their rights.

  • Explains how the legal foundation of stop-and-frisk permits coercion of compliance which diminishes citizens' rights against self-incrimination.

  • Analyzes case examples like Utah v. Strieff to illustrate how constitutional rights are circumvented by police tactics.

  • Argues the need to establish a better understanding of the cooperative dynamic in police-civilian interactions.

V. CONCLUSION

  • Recounts experiences from teaching “Know Your Rights” programs, reinforcing the personal impacts of coercion and abuse during stops.

  • Calls for the abolition of the consent doctrine to amend the systemic issues inherent in Terry stops.

  • Draws a final connection between the principles emphasized by the #MeToo movement and the urgent need for reform in police practices surrounding consensual stops and searches.

  • Challenges the narrative that the current state of stop and frisk is acceptable, underscoring the serious abuses occurring under its legitimacy.

  • Urges for a reevaluation of the rationales behind stop and frisk, suggesting that consent should not be coerced and powers need to be checks to prevent police misconduct.